H.P. 1575 - L.D. 2209
Resolve, Regarding Legislative Review of Chapter 302: Consumer Education Program; Electric Restructuring, a Major Substantive Rule of the Public Utilities Commission
Emergency preamble. Whereas, Acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter II-A, requires legislative authorization before major substantive agency rules may be finally adopted by the agency; and
Whereas, the above-named major substantive rule has been submitted to the Legislature for review; and
Whereas, immediate enactment of this resolve is necessary to record the Legislature's position on final adoption of the rules; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore, be it
Sec. 1. Adoption with amendment. Resolved: That the final adoption of Chapter 302: Consumer Education Program; Electric Restructuring, a provisionally adopted major substantive rule of the Public Utilities Commission and submitted to the Legislature for review pursuant to the Maine Administrative Procedure Act, is authorized, but only if the rule is amended as follows:
1. Section 5, paragraph B is amended by striking the last sentence and new language is inserted providing that the commission must consider the recommendations of the advisory board in developing and implementing the consumer education plan and program; and
2. Section 6, paragraph B is amended by inserting the word "only" after the phrase "for informational purposes."
The Public Utilities Commission is not required to hold hearings or conduct other formal proceedings prior to finally adopting the rule in accordance with this resolve.
Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.
Effective March 30, 1998.
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